NYCHA Decision Barring Homeless Woman's Application Too Severe

A homeless woman applied to NYCHA for Section 8 housing. After she appeared at NYCHA's office for an interview, NYCHA claimed that the applicant became violent. NYCHA then ruled that the applicant couldn’t apply again for NYCHA housing for at least three years. The applicant appealed and won. She claimed that she was frustrated that no action had been taken on her application and accidentally knocked over a clock in NYCHA’s office. She had been seeking public housing for 10 years, and there had been no other incidents. NYCHA’s applicant screening policy stated that persons who had engaged in or threatened abusive or violent behavior against NYCHA staff within the prior three years were ineligible for housing. NYCHA’s application of its policy in this case was unreasonable. NYCHA was ordered to process the woman’s housing application.

Toomer v. Rhea: NYLJ, 5/3/10, p. 18, col. 3 (Sup. Ct. NY; Goodman, J)